McCutcheon v. Thomas

STAKELY, Justice.

There was a run off primary election between J. H. Collier and John F. McCutcheon for the Democratic nomination for the office of Sheriff of Morgan County on June 1, 1954. In the election J. H. Collier received 6298 votes and John F. McCutcheon received 3895 votes. J. H. Collier, however, did not file a statement of expenses until May 28, 1954, about three days before the election. His failure to comply in this respect with § 279, Title 17 (1954 Cumulative Pocket Part) Code of 1940, and § 280, Title 17, Code of 1940, is the basis of this suit.

Mandamus was sought in the lower…